Rajpal vs The State Of Madhya Pradesh
2021 Latest Caselaw 7289 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-55209-2021 Rajpal V. State of M.P.

Gwalior, Dated: 11.11.2021.

Shri R.S. Yadav Counsel for the applicant.

Shri Lokendra Shrivastava, Counsel for the State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. Previous application was rejected by order

dated 6.9.2021 passed in M.Cr.C. No. 42208/2021.

The applicant has been arrested on 01.06.2021 in connection

with Crime No.136/2021 registered at Police Station Khaniyadana

Distt. Shivpuri for offence under Section 392 of IPC and 11/13 of

MPDVPK Act.

It is submitted by the counsel for the applicant that applicant is

in jail from 1.6.2021 i.e. more than five months. Previous bail

application was rejected by order dated 6.9.2021 passed in M.Cr.C.

No. 42208/2021 only on the ground that applicant has criminal

history and mobile as well as motorcycle of complainant were seized

from the possession of the applicant. It is submitted that applicant is a

young boy aged about 20 years and his long incarceration in jail will

have adverse affect on his career and out of four criminal cases

registered against him, three cases were registered on the very same

day along with the present case. One offence was registered in the

THE HIGH COURT OF MADHYA PRADESH MCRC-55209-2021 Rajpal V. State of M.P.

year 2020. All the co-accused persons have been granted bail. In

view of recovery of the motorcycle as well as mobile phone of the

complainant coupled with the fact that the applicant has criminal

antecedents, he is ready and willing to abide by any stringent

condition which may be imposed by this Court including that of

furnishing cash surety. The Trial is likely to take sufficiently long

time and there is no possibility of his absconding or tampering with

the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that four more criminal cases

have been registered against the applicant, but he fairly conceded that

out of four criminal cases, three cases have been registered on the

very same day along with the present case.

Considering the period of detention as well as criminal

antecedents and recovery of incriminating articles, the application for

grant of bail can be allowed only on stringent condition.

Accordingly, without commenting on the merits of the case, the

application is allowed. It is directed that the applicant shall be

released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees

One Lac Only) or in the alternative on depositing his original title-

deed(s) [not Rin Pustika] of the immovable property worth of more

THE HIGH COURT OF MADHYA PRADESH MCRC-55209-2021 Rajpal V. State of M.P.

than the said amount, as directed by the Supreme Court in the case of

Sharo @ Shahrukh Vs. The State of MP by order dated

06.09.2021 passed in SLP (Cri) No. 6321/2021 to the satisfaction of

the Trial Court/Committal Court to appear before the Court on the

dates given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b 510cc133f1b56faa63e77b,

RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E 28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D3 42048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.11 17:05:44 -08'00'